Certified Service Providers. Notwithstanding any other provisions of Section 2, any Certified Service Provider may use the GridION or PromethION for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate the provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 2.6) by a Customer that is a Certified Service Provider; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 2.3.1 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Goods and Software contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of Goods, the Software and Biological and/or Instrument Data obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Certified Service Provider provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Certified Service Provider provides services using the Goods and Software and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Goods and Software are available on the Metrichor Interface and/or the Metrichor Cloud-based Environment, or as otherwise specified by Oxford; (f) Customer makes payment to Oxford of the applicable fee specified in Customer’s Order; and (g) Customer completes Oxford’s service provider certification process as more fully described on the Oxford website at xxxxx://xxxxxxxxxxxx.xxx/community, or following instructions provided in the Order. Notwithstanding the provisions of Section 4.1.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived.
Appears in 4 contracts
Samples: Device Purchase Agreement, Device Purchase Agreement, Device Purchase Agreement
Certified Service Providers. Notwithstanding any other the provisions of Section 23, any Certified Service Provider may use the GridION or PromethION Website for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate the provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 2.63.7.1) by a Customer that is a Certified Service Provider;
; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 2.3.1 3.2 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Goods and Software Website contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of Goods, the Software and Biological and/or Instrument Data Website obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Certified Service Provider Customer provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Certified Service Provider Customer provides services using the Goods and Software Website and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Goods and Device or Software are available on the Metrichor Interface and/or the Metrichor Cloud-based EnvironmentInterface, or as otherwise specified by Oxford; (f) Customer makes payment to Oxford of the applicable fee specified in Customer’s Order; and (g) Customer completes Oxford’s service provider certification process as more fully described on the Oxford website at xxxxx://xxxxxxxxxxxx.xxx/community, or following instructions provided in the Order. Notwithstanding the provisions of Section 4.1.1 4.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use Agreement
Certified Service Providers. Notwithstanding any other the provisions of Section 23, any Certified Service Provider may use the GridION or PromethION Website for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate the provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 2.63.7.1) by a Customer that is a Certified Service Provider;
; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 2.3.1 3.2 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Goods and Software Website contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of Goods, the Software and Biological and/or Instrument Data Website obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Certified Service Provider Customer provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Certified Service Provider Customer provides services using the Goods and Software Website and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Goods and Device or Software are available on the Metrichor Interface and/or the Metrichor Cloud-based EnvironmentInterface, or as otherwise specified by Oxford; (f) Customer makes payment to Oxford of the applicable fee specified in Customer’s Order; and (g) Customer completes Oxford’s service provider certification process as more fully described on the Oxford website at xxxxx://xxxxxxxxxxxx.xxx/community, or following instructions provided in the Order. Notwithstanding the provisions of Section 4.1.1 4.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- forty-eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived.
3.7.1. 认证服务提供商。尽管有第 3 章条款中的规定,对于任何认证服务提供商,可为商业使用目的使用网站,只要满足以下前提:(a) 此类使用仅限于身为服务提供商的客户为第三方进行研究目的而向其提供服务所需的范围内(如其定义,无需引述第 3.7.1 节此句);(b) 此类服务不会提供给属于上述第 3.2 节 (a) 至 (d) 条所述类别的第三方;(c) 认证服务提供商受到本协议所含网站使用权利限制的约束;(d) 认证服务提供商仅可在与第三方签订协议后方可向第三方提供此类服务, 包括 (i) 网站(与本协议所含要求基本相同) 的使用限制,(ii) 对 Oxford 的保密义务不得低于本协议标准,(iii) 在法律允许的范围内, 约定 Oxford 是此类协议的明确第三方受益人, 以及
Appears in 1 contract
Samples: Terms of Use
Certified Service Providers. Notwithstanding any other the provisions of Section 23, any Certified Service Provider may use the GridION or PromethION Website for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate the provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 2.63.7.1) by a Customer that is a Certified Service Provider;
; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 2.3.1 3.2 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Goods and Software Website contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of Goods, the Software and Biological and/or Instrument Data Website obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Certified Service Provider Customer provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Certified Service Provider Customer provides services using the Goods and Software Website and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Goods and Device or Software are available on the Metrichor Interface and/or the Metrichor Cloud-based EnvironmentInterface, or as otherwise specified by Oxford; (f) Customer makes payment to Oxford of the applicable fee specified in Customer’s Order; and (g) Customer completes Oxford’s service provider certification process as more fully described on the Oxford website at xxxxx://xxxxxxxxxxxx.xxx/community, or following instructions provided in the Order. Notwithstanding the provisions of Section 4.1.1 4.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- forty-eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived.
Appears in 1 contract
Samples: Terms of Use